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6. In the trial, the tes$monies of PW4 Ajmer Singh & PW5 Jaswant Singh were recorded, and on July 06, 2016, a request was made by the prosecu$on to re-call them, which the Trial Court declined.

7. In between vide order dated June 11, 2017, the Government of Punjab had cons$tuted another Special Inves$ga$on Team headed by SSP Fazilka to inves$gate the maJer further.

8. The trial against ten accused persons against whom challan had been presented commenced in the Court of Special Judge Fazilka. At the final stage of the first trial, the State moved an applica$on under Sec$on 319 CrPC to summon the pe$$oner as an accused. The State filed this applica$on based on the tes$monies of PW4, PW5, and PW13. On October 31, 2017, Special Judge Fazilka convicted and sentenced nine accused 3 of 35 Neutral Citation No:=2024:PHHC:000100 CRM-M-52458-2023 to various terms men$oned in the judgment and acquiJed one accused, whereas accused namely Anil (A-11) has already been declared proclaimed offender. ANer pronouncing the judgment of convic$on, the Sessions Judge also allowed the applica$on filed by the Inves$gator under Sec$on 319 CrPC and issued non-bailable warrants against the pe$$oner. The State's counsel had supplied a photocopy of the judgment, and I have also gone through the same. Counsel for the pe$$oner submits that, per his informa$on, all the convicts have challenged the convic$on by filing separate appeals pending adjudica$on.

12. On February 9, 2023, a two-member Bench of Hon'ble Supreme Court passed the following order: -

"[1]. Indisputably, in the present cases the order under Sec$on 319 Cr.P.C. was passed by the learned High Court aLer the learned Trial Judge had pronounced the order of convic$on and sentence against the accused, who were being tried by the learned Trial Judge.
[2]. The order passed under Sec$on 319 Cr.P.C. against the present appellants was challenged before the learned Single Judge vide judgment dated 17th November, 2017 of the High Court by way of revision pe$$ons. The learned Single Judge rejected the revisions. Aggrieved thereby present appeals were filed.
[4]. Indisputably, in the present case, the orders under Sec$on 319 Cr.P.C. has been passed aLer the accused, who were facing trial, were convicted and sentenced.
[5]. In view of the law laid down by the Cons$tu$on Bench in Sukhpal Singh Khaira (Supra) these appeals are allowed. The order passed by the learned Trial Judge under Sec$on 319 Cr.P.C. against the appellants as well as by the learned Single Judge of the High Court are quashed and set aside."

[3]. Admi edly, it was on the basis of ra$o decidendi of judgment in Sukhpal Singh Khaira's case (Supra), that add$onal accused Sukhpal Singh 6 of 35 Neutral Citation No:=2024:PHHC:000100 CRM-M-52458-2023 Khaira, Manish Kumar and Joga Singh have been exonerated from these proceedings vide orders as men$oned in para 1 of this order. Since, addi$onal accused Charanjit Kaur and Major Singh Bajwa were also summoned under sec$on 319 Cr.PC by way of same order dated 31.10.2017 vide which the above said accused Sukhpal Singh Khaira, Manish Kumar and Joga Singh were summoned as addi$onal accused, no further proceedings against addi$onal accused Charanjit Kaur and Major Singh Bajwa can be carried out on the basis of such summoning order dated 31.10.2017 in view of guiding principal laid down in Sukhpal Singh Khaira's case (supra). Hence, the proceedings of this Criminal Miscellaneous Pe$$on, so far as these arose out of the summoning order dated 31.10.2017 under Sec$on 319 Cr.PC stands dropped against addi$onal accused Charanjit Kaur and Major Singh Bajwa also. Before par$ng with this order, it is made clear that the dropping of these proceedings shall be without prejudice to the right of State/ inves$ga$ng agency/ SIT to carry out any inves$ga$on/ inquiry with regard to the involvement of these accused and other suspects in the smuggling of drugs or to present charge sheet under Sec$on 173 Cr.PC. Proceedings stands dropped accordingly. File be consigned to record room."